JASWANT SINGH versus VIRENDER SINGH AND ORS.

JASWANT SINGH versus VIRENDER SINGH AND ORS.

No evidence established improper sealing or unsafe custody of election material. Post-declaration irregularities alone do not justify setting aside election. Recount had been properly ordered, and allegations did not warrant repoll. The appellant's actions amounted to contempt but apology was accepted.

Parties
Appellant: Jaswant Singh; Respondent No. 1: Virender Singh
Jurisdiction
India
Judgment Date
09 November 1994
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Election Petition, Recount of Votes, Partial Repoll, Contempt by Advocate
Election Law Constitutional Law Contempt of Court Election Petition Recount of Votes Partial Repoll Contempt by Advocate

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Parties

Jaswant Singh

Appellant

Virender Singh

Respondent No. 1

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether irregularities and illegalities during counting justify recount or partial repoll
  2. 2 Whether post-declaration tampering with election material is a ground to avoid election
  3. 3 Whether aspersions on the trial judge amount to contempt of court

Ratio Decidendi

No evidence established improper sealing or unsafe custody of election material. Post-declaration irregularities alone do not justify setting aside election. Recount had been properly ordered, and allegations did not warrant repoll. The appellant's actions amounted to contempt but apology was accepted.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal is dismissed with costs assessed at Rs. 10,000.
  • Unqualified apology for contempt accepted; strong admonition and warning issued to appellant.